The US Patent and Trademark Office (PTO) Trademark Trial and Appeal Board (TTAB) affirmed a decision rejecting Lululemon Athletica Canada Inc.’s (Lululemon) trademark application for a large version of its logo as used on the front of hooded sweatshirts, jackets and coats. While the TTAB recognized that the appearance of oversized logos on clothing and fashion items was becoming more frequent and could be protectable, it held that Lululemon failed to provide sufficient evidence to meet the standards for registrability.
The California Attorney General recently filed two lawsuits in state court against Chinese and Indian apparel manufacturers, accusing the companies of obtaining an unfair competitive advantage over US firms through the use of pirated software. See People of the State of California v. Ningbo Beyond Home Textile Co., Ltd., No. BC499771 (Cal. Super. Ct. Jan. 24, 2013); People of the State of California v. Pratibha Syntex Ltd., No. BC499751 (Cal. Super. Ct. Jan. 24, 2013).
Two recent defamation cases highlight the risks involved in suing former customers or clients for defamation based on the posting of negative online reviews on Internet review websites such as AngiesList.com and Yelp.com. Not only does a defamation claim run the risk of igniting free speech concerns in the context, but filing a weak claim could expose a company to liability in states that have strong anti-SLAPP statutes.
Welcome to Fashion Counsel, a new online destination offering legal news, analysis and event information for the fashion industry hosted by Anthony Lupo, partner and leader of the firm’s Fashion, Luxury Goods & Retail practice. Fashion Counsel provides written articles and alerts applicable to the fashion industry, as well as a monthly video podcast series.
On August 13, 2012, lululemon athletica canada inc. (“lululemon”) filed an action before the U.S. District Court for the District of Delaware against Calvin Klein, Inc. (“Calvin Klein”) and G-III Apparel Group, Ltd. (“G-III”) for direct and indirect willful infringement of lululemon’s design patents for certain yoga pants.